GENERAL CONDITIONS OF ONLINE SALE
Article 1. – Completeness
These general conditions express all the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels. They are accessible on the website http://www.bijoudere.com and will prevail, where applicable, over any other version or any other contradictory document.
The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to fail, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.
These general conditions of sale are valid until 12/31/2021.
Article 2. – Purpose
The purpose of these general conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer, from the website http://www.bijoudere.com.
Article 3. – Pre-contractual information
3.1. The buyer acknowledges having had communication, prior to placing his order and concluding the contract, in a legible and understandable manner, of these general conditions of sale and of all the information listed in article L. 111- 1 of the Consumer Code.
3.2. The following information is sent to the buyer in a clear and understandable manner:
the essential characteristics of the property;
the price of the good;
in the absence of immediate execution of the contract, the date or the deadline at which the supplier undertakes to deliver the good, whatever its price;
information relating to the identity of the supplier, its postal, telephone and electronic contact details, and its activities, those relating to legal guarantees, the functionalities of digital content and, where applicable, its interoperability, the existence and the terms of implementation of guarantees and other contractual conditions.
3.3. The seller provides the buyer with the following information:
its name or corporate name, the geographical address of its establishment and, if it is different, that of the registered office, its telephone number and its e-mail address;
the terms of payment, delivery and performance of the contract, as well as the terms provided by the professional for handling complaints;
the existence and terms of exercise of the legal guarantee of conformity provided for in Articles L. 217-4 to L. 217-14 of the Consumer Code and the guarantee against hidden defects provided for in Articles 1641 et seq. of the Civil Code .
3.4. The seller indicates, with regard to digital content: any relevant interoperability of this content with certain hardware or software of which the trader is or should reasonably be aware.
Article 4. – The order
The buyer has the option of placing his order online, from the online catalog and using the form included therein, for any product, within the limits of available stocks. In case of unavailability of an ordered product, the buyer will be informed by email.
For the order to be validated, the buyer must accept, by clicking in the place indicated, these general conditions. He will also have to choose the address and the delivery method, and finally confirm the payment method.
The sale will be considered final:
after sending the buyer confirmation of acceptance of the order by the seller by email;
and after receipt by the seller of the full price;
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, including default of payment, incorrect address or other problem on the buyer’s account, the seller reserves the right to block the buyer’s order until the problem is resolved.
The cancellation of the order for this product and its possible refund will then be made, the rest of the order remaining firm and final.
For any questions relating to the follow-up of an order, the buyer can contact us at this address: firstname.lastname@example.org.
Article 5. – Electronic signature
The online supply of the buyer’s credit card number and the final validation of the order will constitute proof of the buyer’s agreement:
– payment of amounts due under the order form,
– signature and express acceptance of all operations carried out.
In the event of fraudulent use of the bank card, the purchaser is invited, as soon as this use is noted, to contact us at: email@example.com.
Article 6. – Proof of the transaction
The computerized registers, kept in the computer systems of the seller under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.
Article 7. – Product information
The products governed by these general conditions are those which appear on the seller’s website and which are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy, likewise, the photographs of the products are as faithful as possible but cannot ensure a perfect similarity with the good offered, in particular as regards the colors.
Article 8. – Price
The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date. Prices are in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. Orders to countries outside the European Union are shipped exempt from VAT, the buyer must pay the VAT for his country upon delivery.
Payment of the full price must be made when ordering. At no time may the sums paid be considered as a deposit or down payment. If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change could be reflected in the selling price of the products.
Article 9. – Method of payment
This is an order with an obligation to pay, which means that placing the order involves payment by the buyer.
To pay for his order, the buyer has his choice of all the payment methods made available to him by the seller and listed on the seller’s website. The buyer guarantees the seller that he has the necessary authorizations to use the method of payment chosen by him, when validating the order form. The seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization for payment by bank card from officially accredited bodies or in the event of non-payment. The seller reserves the right in particular to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. . The seller has implemented an order verification procedure to ensure that no one is using another person’s bank details without their knowledge.
As part of this verification, the buyer may be requested to send the seller by e-mail a copy of an identity document as well as proof of address. The order will then be validated only after receipt and verification by the seller of the parts sent.
Payment of the price is made in cash when ordering, as follows: Credit card or Paypal. Payments made by the buyer will only be considered final after actual receipt of the sums due by the seller.
Article 10. – Availability of products – Refund – Resolution
Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the home page of the site, the shipping times will be, within the limits of available stocks, those indicated below. The shipping times run from the date of registration of the order indicated on the order confirmation email.
For deliveries in mainland France, the deadline is 1 to 3 working days from the day following the day on which the buyer placed his order.
For deliveries within the territory of the European Union, the deadline is 4 to 7 working days from the day following the day on which the buyer placed his order.
For deliveries to third countries, the deadline is 7 to 15 working days from the day following that on which the buyer placed his order.
In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before terminating the contract, order the seller to perform it within a reasonable additional period. In the absence of performance at the expiration of this new period, the buyer may freely terminate the contract. The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.
The contract will be considered as terminated upon receipt by the seller of the letter or writing informing him of this termination, unless the professional has performed in the meantime. The buyer may, however, immediately terminate the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract. In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days of the date on which the contract was terminated.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will be able to cancel his order. The buyer will then have the choice of requesting either a refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product.
Article 11. – Terms of delivery
Delivery means the transfer to the consumer of physical possession or control of the good. It is only made after confirmation of payment by the seller’s bank. The products ordered are delivered in the following manner: Collissimo 48H tracking for orders to mainland France, Collissimo International for other destinations.
The products are delivered to the address indicated by the buyer on the purchase order, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer’s expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the courier will leave a calling card in the letterbox, which will allow the package to be collected from the location and for the period indicated. If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must absolutely refuse the package and note a reservation on the delivery slip (package refused because open or damaged).
It is recommended that the buyer indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, product missing from the delivery note, damaged package, broken products … ).
Article 12. – Transfer of risks
The transfer of ownership will only take place after full payment of the price by the buyer, regardless of the delivery date.
Delivery is deemed to have been made upon delivery of the products ordered by the seller to the buyer or to a third party designated by the latter.
Article 13. – Legal guarantee of conformity and legal guarantee against hidden defects
Bijou de Ré – 289 rue des Poterres – 17940 Rivedoux – France guarantees the conformity of the goods with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in articles L. 217-4 to L 217-14 of the consumer code or the warranty against defects in the item sold within the meaning of articles 1641 and following of the civil code.
In the event of implementation of the legal guarantee of conformity, it is recalled that:
– the buyer has a period of 2 years from the delivery of the goods to act;
– the buyer can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
– the buyer is exempt from providing proof of the existence of the lack of conformity of the goods during the 24 months following delivery of the goods;
– the buyer can decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between canceling the sale or reducing the price in accordance with Article 1644 of the Civil Code.
Article 14. – Right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 working days from the date of delivery of his order, to return any item that does not suit him and request reimbursement without penalty, to the with the exception of return costs which remain the responsibility of the buyer.
However, the products must be returned in their original packaging and in perfect condition within 14 days of notifying the seller of the buyer’s decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing their remarketing in new condition, accompanied by the purchase invoice to the following address: Bijou de Ré, 289 rue des Poterres, 17940 Rivedoux Plage – France. Damaged, soiled or incomplete products are not taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on the website http://www.bijoudere.com. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other mode of declaration of withdrawal is accepted. It must be unambiguous and express the desire to retract.
In the event of exercise of the right of withdrawal within the aforementioned period, the price of the product (s) purchased as well as the delivery costs are reimbursed. Return shipping costs are the responsibility of the buyer.
In the event of withdrawal, the refund will be made no later than 14 days from the date on which the seller is informed of the buyer’s decision to withdraw, but in this case the seller may also choose to defer this reimbursement until recovery of the product (s).
Article 15. – Force majeure
All circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered grounds for exemption from the obligations of the parties and lead to their suspension. The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.
All irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.
Article 16. – Intellectual property
The content of the website (technical documents, drawings, photographs, etc.) remains the property of the seller, the sole holder of the intellectual property rights over this content. Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.
Article 17. – Data processing and Freedoms
The personal data provided by the buyer are necessary for processing their order and for preparing invoices. They may be communicated to the seller’s partners responsible for the execution, processing, management and payment of orders.
The information collected may be used to send the purchaser information concerning promotional or advertising operations of bijoudere.com. When providing their contact details, the buyer can choose not to subscribe to the newsletter by not checking the relevant box. The buyer can also unsubscribe at any time by clicking on the link in the e-mails or by contacting bijoudere.com
The buyer has a right of permanent access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the methods defined in the section “Personal data and confidentiality policy”.
Article 18. – Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.
Article 19. – Non-waiver
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.
Article 20. – Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 21. – Language of the contract
These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
Article 22. – Consumer mediation
In accordance with the provisions of Articles L 611-1 and R 612-1 et seq. Of the Consumer Code concerning the amicable settlement of disputes, when the buyer has sent a written complaint to the seller and he has not obtained satisfaction or of response within two months, he can submit his complaint free of charge to the consumer mediator. The mediator must be contacted within a maximum period of one year from the initial complaint.
The MEDIATION-NET mediator can be contacted directly online at the following address: http://www.mediation-net-consommation.com – or by post MEDIATION-NET Consumption – Parc 2000, 18 rue Joe Dassin, 34080 Montpellier
Article 23. – Applicable law
These general conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This is the case for the substantive rules as for the rules of form. In the event of a dispute or complaint, the buyer will first contact the seller for an amicable solution. The French courts will have sole jurisdiction.
APPENDIX 1 – Provisions relating to legal guarantees
Reproduction of Articles L. 217-4, L. 217-5, L. 217-12 of the Consumer Code and reproduction of Articles 1641 and 1648 of the Civil Code.
APPENDIX 2 – Cancellation form
FRENCH CONSUMER CODE
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
To comply with the contract, the good must:
1 ° Be suitable for the use usually expected of a similar good and, where applicable:
– correspond to the description given by the seller and have the qualities that the latter presented to the buyer in the form of a sample or model;
– present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Action resulting from lack of conformity lapses two years after delivery of the goods.
FRENCH CIVIL CODE
The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer has not acquired it, or would have given a lower price, if he had known them.
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be released from apparent defects or lack of conformity.
You have the right to withdraw from this contract without giving any reason within 14 days.
The withdrawal period expires 14 days after the day on which you, or a third party other than the carrier and designated by you, physically takes possession of the good or the last good in the case of goods ordered by means of a single order and delivered separately.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (for example, letter sent by post, fax or email). You can also complete and send the model withdrawal form on our website http://www.bijoudere.com If you use this option, we will immediately send you an acknowledgment of receipt of the withdrawal on a durable medium (for example, by email) .
In order for the withdrawal period to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
In the event of your withdrawal from this contract, we will refund all payments received from you, including delivery costs (with the exception of additional costs arising from the fact that you have chosen, if applicable, a method of delivery other than the cheaper method of standard delivery offered by us), without undue delay and, in any event, no later than 14 days from the day we are informed of your decision to withdraw from this contract.
We will process the refund using the same payment method you used for the initial transaction, unless you expressly agree to a different method; in any case, this reimbursement will not incur costs for you.
You must return or return the goods to Bijou de Ré, 289 rue des Poterres, 17940 Rivedoux, without undue delay and, in any event, no later than 14 days after you have communicated your decision to withdraw from this contract to us. . This deadline is deemed to have been met if you return the goods before the expiration of the 14 day period.
You will have to bear the direct costs of returning the goods.
Please complete and return this form by email to firstname.lastname@example.org
only if you wish to withdraw from the contract.
For the attention of Company X – Address
I / We (*) hereby notify / notify you of my / our (*) withdrawal from the contract for the sale of the property (s) below:
Ordered on (*) / received on (*): _____________________________________
Name of client (s): ___________________________________________
Address of the client (s): _________________________________________
Signature of the client (s) (only if this form is notified on paper):
(*) Cross out the unnecessary mention.
GENERAL CONDITIONS OF SALE FRANCE / PROFESSIONALS
These general conditions of sale detail the rights and obligations of Bijou de Ré (hereinafter referred to as the supplier) and of its customer. Any sale made by the supplier therefore implies the customer’s unreserved acceptance of these general conditions of sale. The general purchasing terms and conditions of our customers cannot be opposed to us.
If one of the clauses of these general conditions were to be null or canceled, the other clauses would not therefore be canceled. The fact that the supplier does not apply at a given time any clause of these general conditions cannot be interpreted as a waiver of the right to invoke the said general conditions of sale at a later date.
Orders must be in writing and delivered either directly, by mail or electronically. All orders must include:
– The full name and precise address of the customer,
– The corporate form, the SIRET, RCS or RM number and the intra-community VAT number,
– The desired delivery times, the delivery address, delivery terms, price and payment terms.
Any quotation marked with the words “good for agreement”, dated and signed by the customer is considered a firm and final order. Quotes are valid for 30 days, beyond this period, the supplier is no longer required to accept an order under the conditions set out in said quote.
The minimum invoicing amount for any first order is 240 € HT.
3 Order confirmation
Even in the possible absence of a written order from the customer, the payment of a deposit and / or acceptance of the goods constitutes confirmation of the order and the unreserved acceptance of these general conditions of sale by the customer.
4 Shipping time
The availability period indicated during the registration of the order is given only as an indication, it begins to run from the date on which the supplier is in possession of the customer’s order form or quote and of these general conditions accepted by the customer, the deposit fixed in the terms of the quote and all the documents necessary for the execution of the order. The usual deadlines are 5 days for France.
A delay in shipment cannot be considered as a reason for breach of the sales contract or give rise to payment of damages, penalties for delay or cancellation of an order. The supplier reserves the right to make split shipments.
Shipping is carried out:
– either by sending a notice of availability to the warehouse for the attention of the customer,
– or at the place indicated by the customer on the order form or the estimate.
Sales are to be made ex warehouse Angers, unless otherwise specified in the estimate. Therefore, transport and insurance costs are the responsibility of the customer. The risk of transport is borne in full by the customer, who is responsible for insuring the goods.
The goods are shipped in standard packaging. Any other packaging required by the customer will be invoiced for the corresponding costs.
The customer must verify the shipments on arrival. In the event of missing or damaged goods during transport, the customer must make all the necessary reservations on the delivery slip upon receipt of said goods. These reservations must also be confirmed in writing within 3 days (not including public holidays) following delivery, by registered post by AR (article L133-3 of the commercial code). The words “subject to unpacking” and “subject to assembly” will not be accepted.
7 Return of goods
The return of the goods, in the event of non-compliance or apparent defects, can only be done with the written agreement of the supplier and in no case beyond a period of 5 (five) days after receipt of said goods. . No return of custom-made products will be accepted.
In the event of a return, the return of the goods by the supplier will only be accepted on the condition that the apparent defects or non-compliance are established. The return will then result in a standard exchange for the benefit of the customer. The return and re-delivery costs will then be borne by the supplier.
Any return of goods not previously accepted or return for which the apparent defects or the non-conformity have not been established, will be made available to the customer and will not give rise to a standard exchange, nor to the establishment of a to have. The return costs will then be borne by the customer.
The prices of the goods sold are those in force on the day the order is taken. They are understood to be ex warehouse, in euros and excluding taxes. They will be increased by the VAT rate in force on the day of invoicing. The supplier grants itself the right to modify its prices at any time. However, the supplier undertakes to invoice the goods ordered at the prices indicated when the order is registered.
No discount will be granted in the event of early payment.
10 Payment methods
Payment for orders is made in full upon validation of the order, before shipment of goods, by transfer or credit card.
In the event of a change in the customer’s situation (change of structure, default or delay in payment, bankruptcy, dissolution, death), the supplier reserves the right to remove any payment terms granted, to suspend pending orders, to require guarantees or, failing that, cancel the order.
In the event of late payment, the supplier may suspend all pending orders, without prejudice to any other course of action.
11 Late payment
In the event of non-compliance with the payment deadline appearing on the invoice, as a penalty clause and for the application of law NRE No. 2001-420 of 15/05/01 and articles L441-3 and L441-6 of the Commercial Code, the customer will automatically be liable for a penalty for late payment, payable without any reminder being necessary. The interest rate for penalties is set at 3 times the legal interest rate and is calculated on the total amount due. In addition, a lump sum compensation for recovery costs, in the amount of € 40 will be due, as of right and without prior notification, in the event of late payment. The supplier reserves the right to ask the customer for additional compensation if the recovery costs actually incurred exceed this amount, on presentation of supporting documents.
If payment is not made by any one of the deadlines, the other deadlines will become immediately due.
12 Termination clause
In the event of non-payment, 48 hours after an unsuccessful formal notice, the sale will be automatically terminated and may give rise to the right to an award of damages for the benefit of the supplier. The resolution will affect not only the order in question, but also all previous unpaid orders whether delivered or in the course of delivery, and whether their payment is due or not. The sums which would be due for other deliveries, or for any other cause, will become immediately payable if the supplier does not opt for the resolution of the corresponding orders. The client will have to reimburse all the costs incurred by the contentious recovery of the sums due, including the fees of ministerial officers.
13 Retention of title
The supplier retains ownership of the goods sold until full payment of the price, in principal and in accessories. As such, if the customer is the subject of a reorganization or a judicial liquidation, the supplier reserves the right to claim, within the framework of the collective procedure, the goods sold and remained unpaid.
14 intellectual property
The name Bijou de Ré as well as all illustrations, images and logos are the exclusive property of the supplier. Any partial or total reproduction, modification or use of the name, illustrations, images and logos for any reason or any medium whatsoever, without the express, prior written consent of the supplier is strictly prohibited.
15 Advertising rights
The supplier reserves the right to mention the names of its customers on its external communication and advertising documents (website, portfolio, etc.) and when conducting sales prospecting.
16 Force majeure
The parties will be fully released if the non-performance by one or the other of part or all of the obligations imposed on it results from a case of Force Majeure.
Initially, cases of Force Majeure suspend the execution of the contract and the parties meet in order to determine the terms of continuation of their relations. If Force Majeure cases have a duration of more than one (1) month, the contract will be terminated automatically, unless otherwise agreed between the parties.
Expressly considered as cases of Force Majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French Courts and Tribunals: blocking, disturbance or congestion of telecommunications networks, poor quality of electric current, blocking of means of transport or supply for any reason, inclement weather, epidemics, earthquakes, fires, storms, floods, water damage, government or legal restrictions, as well as legal or regulatory changes forms of marketing.
17 Competent court
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law. In the absence of an amicable resolution, the dispute will be brought before the Paris Commercial Court.
The customer acknowledges having read these general conditions of sale and accepts them without reservation.